Co-Ownership Disputes Beyond Partition

Not every co-ownership dispute requires a partition action. Many disputes involve ongoing management disagreements, unequal contributions, or one owner's unilateral actions affecting the property.

Common Co-Ownership Disputes

Unequal contribution to expenses: One co-owner pays the mortgage, taxes, and maintenance while the other contributes nothing. The paying co-owner is entitled to contribution from the non-paying owner — but the right to contribution must usually be enforced through a lawsuit or asserted as part of a partition accounting.

Unauthorized improvements or alterations: A co-owner who makes improvements without the other's consent can seek credit for the improvement in a partition, but only to the extent the improvement actually increased the property's value. An improvement that costs $50,000 but adds only $30,000 in value yields a $30,000 credit.

Waste: A co-owner who damages, depletes, or fails to maintain the property may be liable for waste. This includes affirmative waste (tearing down a structure, stripping resources) and permissive waste (allowing the property to deteriorate through neglect).

Exclusive possession / ouster: One co-owner changes the locks or refuses the other access. In Pennsylvania, each co-owner has the right to possess and use the entire property (subject to the equal rights of other co-owners). An ouster — excluding a co-owner — can give rise to a claim for the fair rental value.

Tenants in Common vs. Joint Tenants

Tenants in Common (TIC): The default form of co-ownership in Pennsylvania. Each owner holds a separate, undivided interest that can be freely transferred, devised by will, or inherited. Interests can be unequal (e.g., 60/40).

Joint Tenants with Right of Survivorship (JTWROS): Each owner holds an equal, undivided interest. When one owner dies, the surviving owner(s) automatically receive the deceased owner's share — it does not pass through probate. Must be expressly created (PA does not presume joint tenancy).

Tenants by the Entireties (TBE): Available only to married couples. Like JTWROS, but with additional protection: a creditor of only one spouse cannot attach the property. Both spouses must consent to any transfer. Divorce converts TBE to TIC.